Selling Property With Sitting Tenants with NO Tenancy Agreement! HELP

monty-doggy

I agree with the above! I wouldn't be bribing, they have acted appallingly and you don't deserve to be treated so badly! It's your bloody house!

I would be throwing everything I could at them including changing the locks!

DRP

japmis wrote: »

Just a thought...... what's to stop you changing the locks?

the existing tenancy.

i.e. it would be illegal

monty-doggy

But if there is no tenancy how is it illegal?

DRP

monty-doggy wrote: »

But if there is no tenancy how is it illegal?

they are paying rent, so they are tenants - written contract or no written contract.

monty-doggy

So back to the original answer, would issuing them eviction notice work?

DRP

monty-doggy wrote: »

So back to the original answer, would issuing them eviction notice work?

As far as i know it shouldn't be a problem if done correctly:

Werdnal wrote: »

Issue a Section 21 notice - search the forum for info on how to do it correctly as it comes up almost daily.

After 2 months, you will be able to apply for court possession order to evict them.

//snip!

Although it would be time-consuming. The bribe option may be better:

jamie11

japmis wrote: »

Just a thought...... what's to stop you changing the locks?

monty-doggy wrote: »

I agree with the above! I wouldn't be bribing, they have acted appallingly and you don't deserve to be treated so badly! It's your bloody house!

I would be throwing everything I could at them including changing the locks!

Calm down and think. Doing the above would be likely to see you charged with illegal eviction, so don't.

Issue a S21 as advised, that must include two complete tenancy periods, since you're probably not sure of the periods (unless you have them written down) then your S21(4)(a) should span all the possible dates to ensure they have had their two months notice. (so make it cover three months and use a saving clause as well)

Is there a deposit and has it been protected and prescribed information issued. You can only issue a S21 if all this has been done. Depending on your answer to that we may have to tell you some other home truths.

deary65

Landlord tenant law can be a minefield. The very first thing you have to do is establish when the tenancy began, if you cannot do that, then you need some serious legal advice.

19lottie82

monty-doggy wrote: »

I agree with the above! I wouldn't be bribing, they have acted appallingly and you don't deserve to be treated so badly! It's your bloody house!

It depends how quickly you want your house back tho, doesn't it?

The OP's choices here are either

A) Issued a section 21, then wait two months, apply for a court date (this could be another month or so), HOPEFULLY then he will be awarded possession (BUT if the S21 is not 100% correct then his case will be thrown out and the whole process will have to start again), if so he will need to book and pay for court appointed bailiffs to evict the tennants.

OR

Offer them a bung, payable on them vacating the property within a timeframe of his choice.

I know what I'd choose.

BitterAndTwisted

Superbiker wrote: »

The reason they wont sign it is because it cant extend a 12month agreement period and then It gives me a legal way of giving them notice?

What do you mean by this? Are you saying that at some point there was a 12 month rental-agreement?